Life or death for Bargo?

Michael Bargo looks back to his family's side of the courtroom as people file in for the reading of the guilty verdict in his first degree murder trial in the Marion County Judicial Center in Ocala on Monday. Bargo was convicted in under three hours for his part in the heinous 2011 murder of Seath Jackson.

Published: Thursday, August 22, 2013 at 5:17 p.m.

Last Modified: Thursday, August 22, 2013 at 5:17 p.m.

The second phase in the murder trial for Michael Bargo will begin this morning as the state presents testimony in support of a death sentence while the defense presents mitigating evidence in an appeal for life in prison without parole.

Facts

Courtroom updates

The penalty phase of Michael Bargo's murder trial is scheduled to start at 9 a.m. Friday. Check ocala.com and follow #bargotrial on Twitter for live updates.

On Tuesday, a 12-member jury found Bargo guilty of first-degree murder with a firearm for his role in the April 2011 killing of Seath Jackson. That same jury will now be tasked with recommending to Circuit Judge David Eddy if Bargo should live or die.

In the penalty phase, the jury will hear testimony from both sides, as well as opening statements and closing arguments.

The state will argue that there are two aggravating factors about this crime that justify a death sentence: that the murder was heinous, atrocious and cruel; and that it was cold, calculated and premeditated.

For a death penalty recommendation the jury must decide the state proved at least one of the aggravating circumstances beyond a reasonable doubt.

While the aggravating circumstances suggested by the state are chosen from a structured list set out in Florida law, the defense has a wide range of potential mitigating factors. Mitigation evidence can range from the fact that Bargo was only 18 when the offense was committed to any aspect of his character, background or life that the defense could argue would make a death sentence inappropriate.

Defense attorney Charles Holloman estimated it will take two days for the jury to hear all penalty phase evidence.

Court documents filed in January indicate the defense will show the jury Bargo suffers from a mental illness. A PET scan of Bargo's brain will give more insight into the organic neurological deficits that might exist and affect his thoughts and behavior.

Court documents also show the defense has hundreds of pages of photos, report cards, awards and other documents regarding Bargo's childhood in Michigan and Marion County.

"When investigators traveled to Michigan they learned that not only did the defendant have a documented mental health history, but he also has a history of medication compliance and non-compliance; has been the victim of head trauma, emotional and physical abuse, substance abuse, and toxic chemical exposure which, combined, have affected (his) neurological functioning," a second defense attorney, Candace Hawthorne, wrote in a previous motion.

She went on to reference Bargo's exposure to toxic levels of mercury.

After all testimony is heard, the jury will then be given instructions similar to this:

"Should you find sufficient aggravating circumstances do exist to justify recommending the imposition of the death penalty, it will then be your duty to determine whether mitigating circumstances exist that outweighs the aggravating circumstances that do exist."

Florida is the only state in the nation where a majority ruling in recommending a death sentence is permissible.

But Bargo's fate will ultimately rest with the judge, who is required by law to give the panel's recommendation "great weight." He will ultimately impose sentence, usually about a month later.

"More often than not the judge will follow the recommendation," Hawthorne said during jury selection last week. During the voire dire process, no juror expressed complete opposition to the death penalty, but instead agreed the decision depended on the facts of each individual case.

Hawthorne had told the jury from the start the trial might never reach the second phase, but advanced precautions were needed, likening it to preparing for a hurricane.

If sentenced to death, Bargo, 21, will be the youngest person currently on death row in Florida. Two 16-year-old boys hold the record for the youngest execution in the state's history.

<p>The second phase in the murder trial for Michael Bargo will begin this morning as the state presents testimony in support of a death sentence while the defense presents mitigating evidence in an appeal for life in prison without parole.</p><p>On Tuesday, a 12-member jury found Bargo guilty of first-degree murder with a firearm for his role in the April 2011 killing of Seath Jackson. That same jury will now be tasked with recommending to Circuit Judge David Eddy if Bargo should live or die.</p><p>In the penalty phase, the jury will hear testimony from both sides, as well as opening statements and closing arguments.</p><p>The state will argue that there are two aggravating factors about this crime that justify a death sentence: that the murder was heinous, atrocious and cruel; and that it was cold, calculated and premeditated.</p><p>For a death penalty recommendation the jury must decide the state proved at least one of the aggravating circumstances beyond a reasonable doubt.</p><p>While the aggravating circumstances suggested by the state are chosen from a structured list set out in Florida law, the defense has a wide range of potential mitigating factors. Mitigation evidence can range from the fact that Bargo was only 18 when the offense was committed to any aspect of his character, background or life that the defense could argue would make a death sentence inappropriate.</p><p>Defense attorney Charles Holloman estimated it will take two days for the jury to hear all penalty phase evidence.</p><p>Court documents filed in January indicate the defense will show the jury Bargo suffers from a mental illness. A PET scan of Bargo's brain will give more insight into the organic neurological deficits that might exist and affect his thoughts and behavior.</p><p>Court documents also show the defense has hundreds of pages of photos, report cards, awards and other documents regarding Bargo's childhood in Michigan and Marion County.</p><p>"When investigators traveled to Michigan they learned that not only did the defendant have a documented mental health history, but he also has a history of medication compliance and non-compliance; has been the victim of head trauma, emotional and physical abuse, substance abuse, and toxic chemical exposure which, combined, have affected (his) neurological functioning," a second defense attorney, Candace Hawthorne, wrote in a previous motion.</p><p>She went on to reference Bargo's exposure to toxic levels of mercury.</p><p>After all testimony is heard, the jury will then be given instructions similar to this:</p><p>"Should you find sufficient aggravating circumstances do exist to justify recommending the imposition of the death penalty, it will then be your duty to determine whether mitigating circumstances exist that outweighs the aggravating circumstances that do exist."</p><p>Florida is the only state in the nation where a majority ruling in recommending a death sentence is permissible.</p><p>But Bargo's fate will ultimately rest with the judge, who is required by law to give the panel's recommendation "great weight." He will ultimately impose sentence, usually about a month later.</p><p>"More often than not the judge will follow the recommendation," Hawthorne said during jury selection last week. During the voire dire process, no juror expressed complete opposition to the death penalty, but instead agreed the decision depended on the facts of each individual case.</p><p>Hawthorne had told the jury from the start the trial might never reach the second phase, but advanced precautions were needed, likening it to preparing for a hurricane.</p><p>If sentenced to death, Bargo, 21, will be the youngest person currently on death row in Florida. Two 16-year-old boys hold the record for the youngest execution in the state's history.</p><p><i>Contact April Warren at 867-4065 or april.warren@ocala.com.</i></p>